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… Submitted September 14, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … 2C:15-1(a)(1) (count two); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(2) and N.J.S.A. … and did not "permit jurors to deliberate objectively, freely, and with an untrammeled mind." Id. at 402. Instead, …
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… Submitted March 13, 2018 – Decided Before Judges Reisner and Hoffman. On appeal from Superior … N.J.S.A. 2C:11- 4(a)(1). In exchange, the State agreed to recommend a sentence not to exceed ten years for burglary, and … the discovery and you've made the decision of your own free will to plead guilty. Is that correct?" Defendant …
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… BRENDA L. HACHIKIAN, and NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Defendants-Respondents. … Argued September 20, 2016 – Decided Before Judges Fisher, Ostrer and Leone. On appeal from … plaintiff's motion for an extension of time). We are not free to substitute our judgment for the trial court. 6 …
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… Argued telephonically January 25, 2017 – Decided Before Judges Hoffman and Whipple. On appeal from Superior … Feldman, on the briefs). 1 By order dated May 8, 2015, the complaint was amended by striking the name of JP Mortgage … N.J. Const. art. VI, § 3, ¶ 2). New Jersey courts remain "free to fashion [their] own law of standing consistent with …
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… and GEORGE DEVANNEY, Individually and as former County Manager, Defendant-Respondent/ … of Union County (the County) since 1986, filed a verified complaint in lieu of prerogative writ against the County and … specific action when the duty is ministerial and wholly free from doubt, and (2) to compel the exercise of …
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… Submitted September 13, 2017 – Decided Before Judges Fuentes, Manahan, and Suter. On appeal from … found in the back of the store. Most of the cannabinoid was commercially packaged in foil under the brand name Scooby … would be arrested and that none of the people there were free to leave the premises. Hamade refused consent for forty …
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… NO. A-2592-15T1 BASF CORPORATION, COLUMBIAN CHEMICALS COMPANY, GLENN SPRINGS HOLDINGS, INC., SHELL OIL COMPANY, … Argued November 27, 2017 - Decided Before Judges Accurso, O'Connor and Vernoia. NOT FOR … on the closing date unencumbered by liens or mortgages and free of debris, and they agreed to secure those obligations …
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… Submitted October 17, 2017 – Decided Before Judges Reisner and Gilson. On appeal from Superior … A POTENTIAL MISUNDERSTANDING OF BOTH CONSPIRACY AND ACCOMPLICE LIABILITY – PARTICULARLY THE NOTION OF "MERE … were insufficient to address their question, they were free to submit another question. Although the judge had …
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… Submitted November 28, 2017 – Decided Before Judges Carroll and Leone. On appeal from Superior Court … Defendant certified when he was arrested by police he "was committing no crime and was on [his] way to the police … from devices to encourage the surrender of firearms to a 'free pass' for those the police have already found or …
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… Submitted January 25, 2018 – Decided Before Judges Haas and Gooden Brown. On appeal from Superior … Instead, the judge directed defendant's attorney to now complete Question No. 17 on the original plea form, which … not an environment that promotes an ample and pressure-free atmosphere to ask and answer questions between counsel …
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… Plaintiffs-Appellants, v. MARINA DISTRICT DEVELOPMENT COMPANY, LLC, d/b/a BORGATA CASINO HOTEL & SPA, … Submitted March 13, 2019 – Decided May 20, 2019 Before Judges Reisner and Mawla. On appeal from Superior Court … before discovery was completed, the trial court would be free to reconsider the summary judgment issues on a new …
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… Submitted March 27, 2019 - Decided May 16, 2019 Before Judges Koblitz, Currier, and Mayer. On appeal from … principles of law, we affirm. Plaintiff, a grape farming company based in Napa, California, owns property in the … that the distance between the billboard – a variance-free permitted use – and nonconforming residences in the …
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… Submitted April 11, 2018 – Decided Before Judges Alvarez and Geiger. On appeal from Superior … N.J.S.A. 2C:39-7(b). On March 18, 2016, the trial judge commenced defendant's sentencing hearing. Defendant … arrest, handcuffed, or had any reason to believe he was not free to leave. Obviously, defendant knew he was a person not …
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… private property. The police suggested the locker search by company personnel be conducted in the presence of a police … they belong to the Company employees, contractors or visitors. The Handbook also contains a Workplace Violence … Federal Constitutions guarantee the rights of persons to be free from unreasonable searches and 8 A-1309-16T1 seizures." …
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… Submitted October 31, 2018 – Decided Before Judges Fuentes and Accurso. On appeal from Superior … discretionary extended term, N.J.S.A. 2C:44-3(a), and to recommend five-year sentences to be served concurrently in the … non-appearance at sentencing; a provision the State was free to negotiate. See State v. Subin, 222 N.J. Super. 227, …
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… Submitted November 26, 2018 – Decided Before Judges Haas and Sumners. On appeal from Superior Court … 1 "An 'open plea' [is] one that d[oes] not include a recommendation from the State nor a prior indication from the … approached by a police officer would not reasonably feel free to leave, even though the encounter falls short of a …
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… Submitted January 28, 2019 – Decided May 10, 2019 Before Judges Sabatino and Sumners. On appeal from Superior … and he positively identified defendant as the man who committed the armed robbery. Defendant was subsequently … June 12, 2013, acknowledged that he was exercising his own free will to plead guilty and that he understood he was …
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… Submitted June 2, 2022 – Decided June 29, 2022 Before Judges Gooden Brown and Gummer. On appeal from the … the terms of the plea agreement, the State agreed to recommend a sentence not to exceed twenty years in prison, … obtaining his high school diploma, and remaining infraction free while incarcerated, mitigating factors eight, nine, and …
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… Submitted January 6, 2021 – Decided March 1, 2021 Before Judges Whipple, Rose and Firko. On appeal from the New … night. Appellant was called by another CNA to report to the common bathroom to assist D.S., who had soiled herself. D.S. … resident of a long- term care facility "has the right to be free from abuse, neglect, misappropriation of resident …
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… Submitted October 5, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from an … are constrained to remand again for the trial court to complete the task we previously assigned. See Tomaino v. … "with great frugality and in none but a clear case free of doubt." Tomaino, 364 N.J. Super. at 234–35 (quoting …